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RAVI V. HOSMANI
Meenakshi – Appellant
Versus
H. Nagarathnamma – Respondent
JUDGMENT
1. Challenging order dtd. 17/10/2016 passed by Prl. Senior Civil Judge & CJM, Mandya, on I.A.no.XX filed under Order VI rule 17 of CPC, in O.S.no.199/2007 as per Annexure-A, this writ petition is filed.
2. Sri V.S. Hegde, learned counsel for petitioner submitted that petitioners are plaintiffs in O.S.no.199/2007 filed for partition and separate possession of their share in suit properties. It was submitted that after entering appearance, respondents/defendants filed written statement opposing suit. Thereafter trial Court framed issues and parties went into trial. At that stage, plaintiff herein filed I.A.no.XX under Order VI rule 17 r/w Sec. 151 of CPC for amendment of plaint by way of addition of pleadings. Though, in affidavit filed in support of application, it was stated that when matter was posted for cross-examination of defendants' witnesses, while searching for documents, plaintiffs traced certain documents executed by defendants in favour of plaintiffs' father. Contents of said documents revealed that there were no sale transaction between plaintiffs and defendants. It was in fact only a loan transaction, therefore, contention of defendants that they were bona fide
The central legal principle established is that amendments to pleadings should be allowed liberally to ensure effective adjudication of disputes, and mere delay in seeking amendments is not a valid g....
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
The main legal point established in the judgment is that proposed amendments must be in consonance with the evidence and should not introduce new facts. The court emphasized that objections to the ev....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Courts should adopt a liberal approach in granting amendments to pleadings in pre-trial stages unless it causes injustice.
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